Attorney General Bonta and Governor Newsom Secure Appellate Victory in State’s Housing Lawsuit Against Huntington Beach

OAKLAND - California Attorney General Rob Bonta and Governor Gavin Newsom today secured a unanimous decision from the California Fourth District Court of Appeal holding that the lower court, the San Diego Superior Court, "erred when it omitted the 120-day compliance deadline and one or more mandatory provisional remedies" in its order holding that the City of Huntington Beach violated California's Housing Element Law. On March 9, 2023, Attorney General Bonta, Governor Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez filed suit against the City for failing to timely adopt a compliant housing element. The State's lawsuit sought a court order setting a 120-day deadline for the City to come into compliance and limiting the City's permitting, zoning, and subdivision approvals until the City adopted a substantially compliant housing element - as required under state law. On May 15, 2024, the San Diego Superior Court found that the City violated California's Housing Element Law, but its final order removed any references to the remedies requested by the State. Confirming that charter cities like Huntington Beach cannot use their status as a charter city to delay or avoid adopting a compliant housing element, the appellate decision directs the San Diego Superior Court to enter a new order providing the relief requested by the State and to "expediently" adjudicate all remaining issues in the case.

"The deadline for Huntington Beach to submit a compliant housing element was October 15, 2021, nearly four years ago. At a time when California is experiencing a housing crisis of epic proportions, the City's continued reluctance to follow the law is inexcusable, and we have been in court seeking accountability," said Attorney General Rob Bonta. "Today's win is an important development. Huntington Beach is running out of excuses, and the consequences for failing to plan for its fair share of housing are becoming clearer and more serious. The City has already lost its federal lawsuit challenging the constitutionality of certain California housing laws, and now it has lost its claim that it is exempt from California's housing laws."

"Huntington Beach officials have wasted vast sums of taxpayer dollars to defend clearly unlawful NIMBY policies," said Governor Gavin Newsom. "They are failing their own citizens - by wasting time and money that could be used to create much-needed housing. No more excuses - every city must follow state law and do its part to build more housing."

Specifically, the three-judge panel from the California Fourth District Court of Appeal wrote the following in its order: "We agree with the [State] that the trial court erred when it omitted the 120-day compliance deadline and one or more mandatory provisional remedies. We reach this determination because we are persuaded that Article 14 of Chapter 3 of Division 1 of Title 7 of the Government Code-the umbrella article containing sections 65754 and 65755-applies in legal enforcement actions challenging the housing elements of charter cities like the City."

A copy of the court's order can be found here.